Dismissal of appeal: Termination of employment during workday for illness does not violate Art. 41 KP.
Legislator summary
AI generatedThe Supreme Court dismissed Maria W.'s cassation appeal seeking reinstatement after her employer terminated her contract on the day she reported for work. The court found that although she was subsequently hospitalized due to an accident, she had physically performed her duties and was present at the workplace when the dismissal occurred. Consequently, the court ruled that the statutory prohibition on terminating an employee during justified absence does not apply because the employee was not absent at the time of termination.
Legislator headnote
AI generatedArt. 41 Kodeksu pracy; The prohibition on terminating an employee during justified absence applies only to employees who are actually absent from work due to illness, not to those who are present and performing duties.